Enlarge image | Initial and Annual Statement of OMB No. 1545-0123 Form 8997 Qualified Opportunity Fund (QOF) Investments Attach to Form 1040, 1040-SR, 1040-NR, 1041, 1065, 1120, 1120-F, 2024 Department of the Treasury 1120-REIT, 1120-RIC, 1120-S, or 990-T. Attachment Internal Revenue Service Go to www.irs.gov/Form8997 for the latest information. Sequence No. 997 Name Tax identification number (see instructions) Part I Total QOF Investment Holdings Due to Deferrals Prior to Beginning of Tax Year If different from last year’s ending QOF investment holdings, attach explanation. (a) (b) (c) (d) Deferred gain held in QOF Qualified Date QOF Description of QOF investment Special (e) (f) Opportunity investment (for example, 100 shares or 25% interest) gain Amount of short-term Amount of long-term Fund (QOF) acquired code deferred gain deferred gain EIN (MM/DD/YYYY) remaining in QOF remaining in QOF 1 Enter the totals, if any, from continuation sheet . . . . . . . . . . . . . 2 Enter the totals from columns (e) and (f) . . . . . . . . . . . . . . . . Part II Current Tax Year Capital Gains Deferred by Investing in QOF (a) (b) (c) (d) Deferred gain invested in QOF Qualified Date QOF Description of interest acquired Special (e) (f) Opportunity investment (for example, 100 shares or 25% interest) gain Amount of short-term Amount of long-term Fund (QOF) acquired code deferred gain deferred gain EIN (MM/DD/YYYY) remaining in QOF remaining in QOF 1 Enter the totals, if any, from continuation sheet . . . . . . . . . . . . . 2 Enter the totals from columns (e) and (f). See instructions for reporting on Form 8949 . Applicability of Special Rules Regarding the Waiver of Certain Treaty Benefits Are you a foreign eligible taxpayer? See instructions for more information. Yes. You may not elect to defer tax on an eligible gain by investing in a QOF unless you check “Yes” in response to the next question. No. Skip the next question and go to Part III. Waiver of Treaty Benefits on Future Inclusions by a Foreign Eligible Taxpayer Do you hereby irrevocably waive any benefits available under an applicable U.S. income tax convention that would exempt gains that you are deferring by investing in a QOF from being subject to federal income tax at the time of inclusion? See instructions for more information. Yes. Report the deferral of the eligible gain in Part II and on Form 8949. No. You may not elect to defer tax on an eligible gain by investing in a QOF. Do not report the deferral of any otherwise eligible gain in Part II or on Form 8949. For Paperwork Reduction Act Notice, see your tax return instructions. Cat. No. 37821R Form 8997 (2024) |
Enlarge image | Form 8997 (2024) Page 2 Part III Inclusion Events and Certain Other Transfers During the Current Tax Year Deferred gain included (a) (b) (c) (d) due to disposition of QOF interest Qualified Date of event Description of event Special Opportunity (MM/DD/YYYY) (for example, sale of 100 shares, gift of 25% interest, gain (e) (f) Amount of previously Amount of previously Fund (QOF) or distribution of $1,000, etc.) code deferred short-term deferred long-term EIN gain now included in gain now included in taxable income taxable income 1 Enter the totals, if any, from continuation sheet . . . . . . . . . . . . . 2 Enter the totals from columns (e) and (f). See instructions for reporting on Form 8949 . Check this box if you disposed of any investment(s) and didn’t receive a Form 1099-B reporting the disposition from the QOF or other third party. See the Instructions for Form 8949 for reporting requirements of any gain or loss. Part IV Total QOF Investments Due to Deferrals at Year End (see instructions) (a) (b) (c) (d) Deferred gain invested in QOF investment Qualified Date QOF Description of interest acquired Special (e) (f) Opportunity investment (for example, 100 shares or 25% interest) gain Amount of short-term Amount of long-term Fund (QOF) acquired code deferred gain deferred gain EIN (MM/DD/YYYY) invested in QOF invested in QOF 1 Enter the totals, if any, from continuation sheet . . . . . . . . . . . . . 2 Enter the totals from columns (e) and (f) . . . . . . . . . . . . . . . . Form 8997 (2024) |
Enlarge image | Form 8997 (2024) Page 3 Section references are to the Internal QOF investment is also reported on deferred capital gain in the fund was a Revenue Code unless otherwise noted. Form 8949; other non-qualifying short-term or a long-term capital gain. investments in the entity certified as a Identification requirement for General Instructions QOF are not reported on Form 8997. acquisition from another taxpayer in a Special gain code (SGC). An SGC is a noninclusion transfer. If you acquired Future Developments code that is entered when the QOF the QOF investment during the tax year For the latest information about investment originated from an elected or in a prior tax year in a transaction that developments related to Form 8997 and deferred gain, where the gain was: was, in whole or in part, not an inclusion event under Regulations section its instructions, such as legislation SGC Gain Origination 1.1400Z2(b)‐1(c), provide the following enacted after they were published, go to www.irs.gov/Form8997. A Section 1256 gain information relating to the transferor of B Form 4797 (section 1231) the QOF investment. Enter in column (c) the taxpayer name, taxpayer Reminders C Straddle(s) identification number, and the date the Basis adjustment due to 5-year D Collectibles QOF investment was transferred to you. holding period. If you held your Enter in column (d) special gain code “F.” investment in the Qualified Opportunity E Exempt by treaty (but for Fund for at least 5 years, you may be election to defer rather than Identification requirement for transfer eligible for a basis adjustment increase claim exemption) to another taxpayer in a noninclusion of 10% of the deferred gain (the amount F Deferred gain relating to a transfer. If you disposed of a QOF of your investment). See Part III for more noninclusion transfer investment during the tax year in a transaction that was, in whole or in part, information. G Adjustment to basis 5-year not an inclusion event under Regulations section 1.1400Z2(b) 1(c), provide the Purpose of Form Who Must File ‐ following information relating to the The Tax Cuts and Jobs Act (TCJA), An eligible taxpayer holding a QOF transferee of the QOF investment. Enter section 13823, added section 1400Z-1 investment at any point during the tax in column (c) the taxpayer name, to provide for the designation of certain year must file Form 8997 with the taxpayer identification number, and the census tracts as qualified opportunity taxpayer’s timely filed federal income tax date the QOF investment was disposed zones (QOZs) and added section return (including extensions). An eligible of. Enter in column (d) special gain code 1400Z-2 to provide certain benefits for taxpayer is a person that is required to “F.” investments in these QOZs through report the recognition of gains during the investment in qualified opportunity funds tax year under federal income tax Part II (QOFs). Taxpayers that invest in QOZ accounting principles. If you are not Complete Part II to report your capital property through a QOF can defer the otherwise required to file a return, with gains for the current tax year that were recognition of certain gains. See the exception of grantor trusts, but you deferred by investing in a QOF. Definitions, later. held a QOF investment at any point Complete columns (a) through (d) for An investor in a QOF uses Form 8997 during the tax year, attach Form 8997 to each QOF investment. When reporting to inform the IRS of the QOF investments an appropriate return with your name, the amount of the deferred gain, use the and deferred gains held at the beginning address, and identification number. appropriate column (either (e) or (f)) and end of the current tax year, as well Instructions for consolidated groups. depending on whether the capital gain as any capital gains deferred by A consolidated group should include deferred was a short-term or a long-term investing in a QOF and QOF investments with the group’s return a separate Form capital gain. disposed of during the current tax year. 8997 for each group member that held a Identification requirement for See www.irs.gov/Ozfaqs for more QOF investment during the tax year. acquisition from another taxpayer in a information and guidance. noninclusion transfer. If you acquired Definitions Specific Instructions the QOF investment during the tax year in a transaction that was, in whole or in Qualified opportunity fund (QOF). A Name and Address part, not an inclusion event under QOF is an investment vehicle organized Regulations section 1.1400Z2(b)‐1(c), as a corporation or a partnership for the Print or type the information in the purpose of investing in QOZ property spaces provided. provide the following information relating to the transferor of the QOF investment. (other than another QOF) that holds at Taxpayer identification number. If you Enter in column (c) the taxpayer name, least 90% of its assets in QOZ property. are an individual, enter your social taxpayer identification number, and the See the Instructions for Form 8996 for security number (SSN) or your individual date the QOF investment was more information. taxpayer identification number (ITIN). For transferred to you. Enter in column (d) Qualified opportunity fund (QOF) C corporations, partnerships, S special gain code “F.” investment. A QOF investment is an corporations, trusts (non-grantor trusts), investment of eligible gain into a QOF to estates, and Indian tribes, enter the Identification requirement for transfer defer recognition of the eligible gain. The employer identification number (EIN). to another taxpayer in a noninclusion transfer. If you disposed of a QOF investment in the QOF must be in the investment during the tax year in a form of an equity interest in the QOF, Part I transaction that was, in whole or in part, which may include preferred stock or Complete Part I to declare your QOF not an inclusion event under Regulations partnership interests, including those investments held at the beginning of the section 1.1400Z2(b)-1(c), provide the with special allocations. Generally, the current tax year; for individuals, this following information relating to the investment in the QOF must have would generally be January 1, 2024. transferee of the QOF investment. Enter occurred within the 180-day period Complete columns (a) through (d) for in column (c) the taxpayer name, beginning on the date the gain would be each QOF investment. When reporting taxpayer identification number, and the recognized for federal income tax the amount of the deferred gain, use the date the QOF investment was disposed purposes if the eligible taxpayer didn’t appropriate column (either (e) or (f)) of. Enter in column (d) special gain code elect to defer recognition of that gain. A depending on whether the remaining “F.” |
Enlarge image | Form 8997 (2024) Page 4 Waiver of Treaty Benefits on included, due to the inclusion event, Enter in column (d) special gain code complete column (d) and report the “F.” Future Inclusions by a amount of the gain in the appropriate Foreign Eligible Taxpayer column (either (e) or (f)) depending on Part IV If you are a foreign eligible taxpayer (an whether the previously deferred capital Complete Part IV to report your deferred eligible taxpayer that is not a U.S. person gain was a short-term or a long-term gain held during the tax year that was within the meaning of section 7701(a)(30) capital gain. If your transaction falls not invested and your QOF investments or that is treated as a resident of another under an exception in the regulations so held due to current year capital gain country for purposes of an applicable that no deferred gain is now included, deferrals and prior tax year(s) deferrals; income tax treaty), you must, for any enter in column (c) the word “Exception” for individuals, this would generally be capital gains that you are deferring by and a citation to the applicable December 31, 2024. Complete columns investing in a QOF, irrevocably waive any paragraph of the regulations; leave (a) through (d) for each QOF investment. benefits available under an applicable columns (d)–(f) blank. When reporting the amount of the U.S. income tax convention that would Check the box in Part III if you deferred gain, use the appropriate exempt such gains from being subject to disposed of a QOF investment during column (either (e) or (f)) depending on federal income tax at the time of the current tax year and didn’t receive a whether the deferred capital gain was a inclusion. A foreign eligible taxpayer Form 1099-B from the QOF or other third short-term or a long-term capital gain. includes, for example, any individual who party reporting the disposition. If one of your QOF investments is the is required to file Form 1040-NR, a Basis adjustment due to 5-year continuation of an investment in a foreign corporation, and a foreign estate holding period. To report an inclusion different QOF (for example, due to a or trust. A citizen or resident alien of the event that involves an adjustment to reorganization), enter in column (c) the United States who is required to file basis due to the amount of time you held word “Formerly” and the earlier QOF’s Form 1040 or 1040-SR is not a foreign the investment, complete columns (a) EIN. eligible taxpayer. To waive treaty through (d) for each QOF investment Identification requirement for benefits, a foreign eligible taxpayer must being disposed that individually meets acquisition from another taxpayer in a check the “Yes” box provided on page 1 the 5-year holding period requirement. noninclusion transfer. If you acquired of Form 8997 under Waiver of Treaty See Regulations section 1.1400Z2(b)-1(g) the QOF investment in a transaction that Benefits on Future Inclusions by a for further guidance on calculating the was, in whole or in part, not an inclusion Foreign Eligible Taxpayer. basis and Regulations section event under Regulations section Note: The waiver of treaty benefits on 1.1400Z2(b)-1(d) for further guidance on 1.1400Z2(b)‐1(c), provide the following Form 8997 generally doesn’t apply to calculating the holding period. In column information relating to the transferor of partnerships. See Regulations section (c), put “Adjustment to basis 5-year” and the QOF investment. Enter in column (c) 1.1400Z2(a)-1(b)(11)(ix)(A)(3). in column (d) enter special code “G.” the taxpayer name, taxpayer Part III When reporting the amount of the identification number, and the date the adjustment, due to the inclusion event, QOF investment was transferred to you. Complete Part III to report inclusion report the amount of the adjustment in Enter in column (d) special gain code events during the current tax year for the appropriate column (either (e) or (f)) “F.” your QOF interests. An inclusion event depending on whether the previously occurs if you sold or transferred your deferred capital gain was a short-term or Additional Investments QOF investment, if you received a a long-term capital gain for each EIN. Attach and label a separate continuation distribution from the QOF, if you Identification requirement for sheet if the number of QOF investments declared your QOF interest worthless, if acquisition from another taxpayer in a to be reported on Part I, II, III, or IV the QOF ceased to be a QOF, or if you noninclusion transfer. If you acquired exceeds the amount of lines provided. or the QOF engaged in certain other the QOF investment in a transaction that Transfer the deferred gains from the transactions. Some transactions are was, in whole or in part, not an inclusion continuation sheet to the line on each excepted from being inclusion events. event under Regulations section part for totals from a continuation sheet See Regulations section 1.1400Z2(b)-1(c) 1.1400Z2(b)-1(c), provide the following and enter the amounts in the appropriate for a full list of inclusion events and information relating to the transferor of column (either (e) or (f)) depending on exceptions. the QOF investment. Enter in column (c) whether the deferred capital gain Complete columns (a) through (c) for the taxpayer name, taxpayer invested in the fund was a short-term or each QOF investment. When reporting identification number, and the date the a long-term capital gain. the amount of the deferred gain now QOF investment was transferred to you. |